A written lease for a residence is not required, but it is a good idea because a lease defines what the landlord (owner) and the tenant (renter) must do. In the absence of a written lease, certain lease terms may be unenforceable.

Breaking a Lease

There are rare circumstances that might allow a tenant to break a lease; however, in most cases the tenant may be sued and held liable for damages, unpaid rent, advertising, expenses, court costs, attorney’s fees, and similar amounts. The tenant may also lose the deposit, depending on the lease’s provisions.

Notice to Vacate and Eviction Procedure

The right to remain in possession based on a written lease continues until the end of the term of the lease, unless the lease is terminated for cause. For oral leases, the amount of notice depends on the rent payment period. If the rent is paid weekly, the landlord must give seven days’ notice before the end of the weekly period. If the rent is paid every month, the landlord must give at least 30 days’ written notice before the end of the monthly period.[1]

If the tenant continues to occupy the premises after the lease expires without permission, or if the landlord has terminated the rental agreement for any reason permitted under the Landlord and Tenant Act and the tenant does not move, the landlord may initiate eviction proceedings. In the case of non-payment of rent, the landlord must serve the tenant with a written notice allowing 3 days (excluding weekends and legal holidays) in which to pay the rent or move. To gain possession of the dwelling, the landlord must file suit in court, providing the court with a copy of the three-day notice. The tenant then has 5 days, excluding weekends and legal holidays, to respond in writing to the court and post the amount of rent claimed to be due in the court registry, or ask the court to determine how much is owed if the tenant claims the rent was already paid. If the tenant does not respond to the complaint or a judgment is entered against the tenant, the clerk of the county court will issue a writ of possession to the sheriff, and the tenant will have only 24 hours’ notice prior to eviction from the time the writ is posted on the tenant’s door.

Prohibition on Self-Help Eviction

Florida law does not allow a landlord to use self-help eviction. A landlord is not allowed to:

• Shut off the utilities (water, gas, electricity, etc.) even if the service is in the landlord’s name;
• Change the locks or use any boot lock or similar device, except for repair, maintenance, or replacement;
• Remove the outside doors, locks, roof, walls, or windows; or
• Remove the tenant’s personal property from the dwelling unit unless proper legal action has been taken.

If this occurs, the tenant may sue for actual and consequential damages or three months’ rent, whichever is greater, plus court costs and attorney’s fees.

Security Deposits and Advance Rent

A landlord may hold a security deposit or advance rent in a separate non-interest-bearing account, or in a separate interest-bearing account with the tenant receiving interest. The landlord must notify the tenant in writing within 30 days of receiving the security deposit or advance rent how and where the money is held.

Once a tenant vacates the premises at the end of the rental agreement or abandons the property with proper notice to the landlord, the landlord has 15 days to refund the security deposit, or 30 days to send the tenant written notice of intent to impose a claim on the deposit — by certified mail or by e-mail if the parties have validly agreed to electronic delivery — stating the amount and the reason for the claim.[2] If this notice is not sent as required, the landlord forfeits the right to impose a claim. However, if the tenant fails to give the landlord at least 7 days’ written notice prior to vacating, the landlord is not required to send the written notice of claim. Unless the tenant objects in writing to the landlord within 15 days of receipt of the claim letter, the landlord must return the deposit less the landlord’s claim within 30 days of the date of the claim notice. After the tenant objects, the matter may be taken to court if the parties cannot reach an agreement.

The Landlord’s Right of Entry

The landlord, or those hired to perform work for the landlord, may enter the residence from time to time to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors, after providing reasonable notice. For repairs, reasonable notice means at least 24 hours’ notice, and a reasonable time is between 7:30 a.m. and 8:00 p.m.[3]  The landlord may also enter the residence without the consent of the tenant in case of emergency, when the tenant unreasonably withholds consent, or when the tenant is absent from the dwelling for a time equal to one-half of the rental period (unless the tenant has notified the landlord of the absence and paid the rent).

The Landlord’s Duty to Maintain the Premises

The landlord must follow all applicable building, housing, and health codes and statutes. This usually means keeping roofs, windows, screens, doors, floors, steps, porches, exterior walls, foundations, and structural components in good repair, and the plumbing in reasonable working condition. Unless otherwise agreed in writing, for any rentals other than a single-family house or duplex, the landlord must also provide locks and keys, the clean and safe condition of common areas, removal of garbage and garbage receptacles, extermination of rodents, roaches, ants, and termites, and functioning facilities for heat during winter, hot water, and running water. The tenant may be charged for utilities, water, fuel, and garbage removal. If the tenant provides written notice that rent will be withheld if defects are not repaired within seven days, and the defects are not repaired after that period expires, the tenant may then lawfully withhold the rent that comes due until the repairs are made. If an eviction is filed, lawful withholding is a complete defense, and the judge can determine the “diminution of value” of the property in its unrepaired condition to decide how much rent is actually owed.

The Tenant’s Duty to Maintain the Premises

The tenant must also follow applicable building, housing, and health codes and statutes. The tenant has an obligation to keep the premises clean and sanitary; remove garbage; keep plumbing fixtures clean, sanitary, and in repair; use equipment and appliances in a reasonable manner; refrain from destroying, defacing, or removing the landlord’s property or allowing visitors to do so; and conduct himself or herself, family members, and others in a manner that does not disturb neighbors or breach the peace.

Paying Rent During Foreclosure

A tenant is liable according to the terms of the lease. The filing of a foreclosure suit does not typically terminate a lease, and a failure to pay rent may result in breach of contract (see “Breaking a Lease” above). In some cases, the tenant may be required to pay rental payments to the foreclosing party. A tenant may also have certain rights in a foreclosure suit to protect themselves. You may need to contact your legal representative regarding your particular rights during a foreclosure suit. For more information concerning landlord and tenant law, you can visit the Florida Department of Agriculture and Consumer Services’ web page on landlord/tenant law in Florida.

[1] Fla. Stat. § 83.57

[2] Fla. Stat. § 83.49 (Deposit Money or Advance Rent; Duty of Landlord and Tenant) and Fla. Stat. § 83.505 (Electronic Delivery of Notices).

[3] Fla. Stat. § 83.53 (Landlord’s Access to Dwelling Unit) — at least 24 hours’ notice for repairs; reasonable time is 7:30 a.m. to 8:00 p.m.